Critical reflections on the efficacy of the law with regard to illegal land evictions in Mukono and Wakiso Districts from 2005 to 2014

Abstract

The study aimed to examine the efficacy of the law with regard to illegal land evictions in Mukono and Wakiso districts from 2005 to 2014 in Uganda. It sought among others, to identify the causes of illegal land evictions in the two districts, examine the efficacy of the law in addressing the problem, and to assess the performance of the relevant institutions in curbing the problem of the evictions. The study found that illegal land evictions are prevalent in Mukono and Wakiso districts for different reasons. According to the findings, the occurrence of land conflicts at household level was 34.9%, with rural households accounting for 36% of these conflicts compared to their urban counterparts that took a share of 33%. The major sources of evictions were related with inheritance and succession, illegal land occupation, disputed ownership which are largely related with land tenure system and population growth rate, in addition to the need for land for investment. The study also found out that although a number of laws have been put in place to curb illegal land evictions, they have not been effective in addressing the vice. The landlords also expressed concern over the ‘new’ laws and policy on land ownership, arguing that it protects the rights of the tenants by occupancy and bibanja holders than them (the landlords). This has further fuelled tension between the two sides and the law has done little to solve the impasse. While there are institutions in place ― including the Uganda Police Force, the Land Protection Unit under the Office of the President, Ministry of Lands, Housing and Urban Development, and the Courts of Judicature ― that are charged with solving land evictions, the perceptions some people in the districts of Mukono and Wakiso have towards them are negative. Some of these xv institutions were accused of being corrupt and for acting with impunity, which acts have fuelled connivance between bureaucrats and land grabbers. As a result, several people in the districts of Mukono and Wakiso have fallen victims to illegal land evictions. They strongly believe that the law does not favour them. The study concludes that the law against illegal land evictions does not have a far reaching impact in curbing illegal land evictions. The researcher recommends that in the process of implementation of the laws, there should be enhanced awareness campaigns on land rights to the disadvantaged groups, empowerment of women and children with income generating activities such as crafts, secure land for agriculture for the landless victims of evictions, ensure decentralised land computerised services to all regions of the country, increase the funds allocated to the Land Fund to facilitate the settlement of victims of illegal land evictions, among others